Citation Nr: 0710889
Decision Date: 04/12/07 Archive Date: 04/25/07
DOCKET NO. 99-14 607 ) DATE
)
)
Received from the
Department of Veterans Affairs Regional Office in Des Moines,
Iowa
THE ISSUE
Entitlement to waiver of recovery of an overpayment of
improved pension benefits in the amount of $4,800.
(The issue of entitlement to service connection for post-
traumatic stress disorder is the subject of a separate
decision.).
REPRESENTATION
Appellant represented by: Kenneth M. Carpenter, Attorney
ATTORNEY FOR THE BOARD
J. Connolly Jevtich, Counsel
INTRODUCTION
The veteran had active service from November 1965 to November
1967.
This matter came before the Board of Veterans' Appeals
(Board) on appeal from a June 2006 determination by the
Committee on Waivers and Compromises (Committee) of a
Department of Veterans Affairs (VA) Regional Office (RO) in
St. Paul, Minnesota. The case has been received from the Des
Moines, Iowa, RO.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify the
appellant if further action is required on his part.
REMAND
In a June 2006 Committee determination, the veteran's request
for a waiver of the recovery of an overpayment of VA improved
pension benefits in the amount of $4,800 was denied. In
February 2007, a VA Form 9 was received in which the veteran
disagreed with this determination. It is noted that the
veteran requested a Travel Board hearing in this document;
however, it does not appear that a statement of the case
(SOC) has been issued.
Since the veteran has submitted a notice of disagreement as
to the issue of entitlement to a waiver of the recovery of an
overpayment of VA improved pension benefits in the amount of
$4,800, an SOC must be issued. The failure to issue an SOC
is a procedural defect requiring a remand. Manlincon v. West
12 Vet. App. 238 (1999).
In the event that the SOC has been issued by the St. Paul,
Minnesota, RO and a timely and adequate VA Form 9 has been
received, the veteran should be scheduled for a Travel Board
hearing.
Accordingly, this matter is REMANDED for the following
actions:
1. The veteran should be sent an SOC as to
the issue of entitlement to a waiver of the
recovery of an overpayment of VA improved
pension benefits in the amount of $4,800 in
accordance with 38 U.S.C.A. § 7105 and 38
C.F.R. §§ 19.29, 19.30. If the veteran
perfects his appeal by submitting a timely
and adequate substantive appeal on this
issue, then the veteran should be scheduled
for a Travel Board hearing.
2. In the event that the SOC has already
been issued by the St. Paul, Minnesota, RO
and a timely and adequate VA Form 9 has been
received, the veteran should be scheduled for
a Travel Board hearing.
Thereafter, subject to current appellate procedures, the case
should be returned to the Board for further appellate
consideration, if appropriate. The appellant has the right
to submit additional evidence and argument on the matter or
matters the Board has remanded. Kutscherousky v. West, 12
Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2006).
_________________________________________________
BARBARA B. COPELAND
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2006).